STATE OF MADHYA PRADESH Vs. R K PANDEY

JUDGEMENT

(1.) THE State has preferred this appeal against the order of acquittal dated 5th September, 1991 passed by the learned 4th Additional Sessions Judge, Bilaspur in Special Case No. 1/88, whereby the learned 4th Additional Sessions Judge has acquitted the respondents from the charge under Section 161 of the IPC and Section 5 (1) (d) and Section 5 (2) of the Prevention of Corruption Act, 1947 (for short "the Act").

(2.) DUE to death of respondent No. 1-R.K. Pandey, during the pendency of this appeal, the appeal on behalf of respondent R.K. Pandey has been abated.

(3.) THE Special Court acquitted the respondent mainly on the ground that the prosecution could not establish that the respondents by use of corrupt and illegal means or by abusing his position as a public servant, obtained illegal gratification of Rs. 500/- from the complainant.